A federal judge in San Francisco has dismissed a suit filed by Sharper Image against Consumers Union taking issue with a negative review of the Ionic Breeze Quadra Air Purifier, Sharper Image's best-selling product.
Sharper Image alleged that the articles in Consumer Reports magazine were based on bad test procedures and amounted to negligent product disparagement. Consumers Union responded with a motion under California law prohibiting frivolous First Amendment litigation.
U.S. District Judge Maxine Chesney granted the motion, commonly called an anti-SLAPP -- strategic lawsuit against public participation -- suit.
The judge said Sharper Image had not shown that it had a reasonable probability of proving the magazine's claims were false.
"Hopefully, going forward, companies will think twice about filing these types of suits. It's not in their interest to be attacking free speech," Steven Williams, the attorney who argued the anti-SLAPP motion, said.
The company has not said whether it will appeal.
